Is New York a no-fault state?

Yes. New York is a no-fault state. Every policy must include $50,000 of no-fault (PIP) coverage, which pays your own medical bills and lost pay no matter who caused the crash.

Last checked November 9, 2026 · Official sources (6)

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New York. Map source: U.S. Census Bureau.

How does New York car insurance work?

“and $10,000 for property damage in any one accident. Mandatory "no-fault" coverage of $50,000 is also required.”

New York State Department of Financial Services

What is New York's minimum car insurance?

CoverageWhat New York requires
Injury to one person$25,000
Injuries in one crash$50,000
Damage to property$10,000
Personal injury protection (PIP)Every policy must include at least $50,000 of Personal Injury Protection (PIP), also called no-fault.
Uninsured motoristUninsured motorist coverage for injuries is required on every policy, at the same minimums as liability ($25,000 / $50,000).

Does New York use comparative negligence?

In car-crash injury cases covered by no-fault law, you cannot recover if your fault is greater than the fault of the people you are suing. This new rule applies to cases started on or after May 26, 2026.

Example: with $10,000 in losses and 20% of the fault, you could recover up to $8,000. Above 50%, you would get nothing.

When can you sue in New York?

You can recover pain-and-suffering damages only after the court finds you have a "serious injury." The court decides who was at fault first.

Other no-fault states

Questions

How much insurance does New York require?

At least $25,000 for injury to one person, $50,000 for injuries to two or more people, and $10,000 for property damage. (DMV also lists $50,000 / $100,000 for death.).

What if you were partly at fault in New York?

For car-crash injury cases filed on or after May 26, 2026, you get nothing if your share of the fault is greater than the other side's; otherwise your money is cut by your share of the blame.

When can you sue after a crash in New York?

You can sue the at-fault driver for pain and suffering only if a court finds you have a "serious injury" as New York law defines it. Since May 26, 2026, that definition no longer includes the 90-of-180-days rule for temporary injuries.

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Sources (6)

  1. New York State Department of Financial Services, checked 2026-11-09. “and $10,000 for property damage in any one accident. Mandatory "no-fault" coverage of $50,000 is also required.”
  2. New York State Department of Financial Services, checked 2026-11-09. “a minimum amount of liability insurance in the amount of $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more persons (Uninsured motorists protection subject to the same minimums), $10,000 for damage to property of others”
  3. New York State Department of Financial Services, checked 2026-11-09. “$10,000 for damage to property of others, and $50,000 for Personal Injury Protection (PIP), also known as No-fault.”
  4. New York State Department of Financial Services, checked 2026-11-09. “The law also requires all auto insurance policies to provide uninsured motorists coverage (for bodily injury), subject to the same minimums.”
  5. New York State Department of Financial Services, Insurance Circular Letter No. 3 (2026), checked 2026-11-09. “the culpable conduct attributable to the claimant bars recovery if the culpable conduct of the claimant is greater than the culpable conduct or combined culpable conduct of the person or persons against whom recovery is sought.”
  6. New York State Department of Financial Services, Insurance Circular Letter No. 3 (2026), checked 2026-11-09. “in any action to recover damages for non-economic loss pursuant to Insurance Law Article 51, liability for non-economic loss cannot be fixed unless and until the trier of fact has determined the existence of a serious injury.”

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